Most of the problems that can pop up with wills in Stony Point, New York, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
If your estate doesn't include a lot of money and property, and you only want to leave your assets to a few people, making a will can be pretty simple.
But even with "simple" wills, some easily-avoidable problems come up more frequently than they need to. A knowledgeable Stony Point, New York attorney can help you avoid these problems with careful will preparation.
Many problems with wills are due to some of the required formalities not being followed. The formalities involved in drafting and executing a will are not particularly complicated, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It typically must also be witnessed and signed by at least 2 people who do not have any stake in the will.
Holographic Wills in Stony Point, New York
In some states, you can make what is identified as a "holographic will." This is simply a will which is handwritten, in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it probably wasn't written by a lawyer. This is to make it much easier to truly give your wishes effect.
You should know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities required by the laws of the state it is made in.
If your estate is relatively small, and the devises you wish to make aren't very complex, a holographic will can be a good option if they're valid in your state. Of course, it's never a bad idea to make a will with the assistance of a lawyer.
How Can A Stony Point, New York Lawyer Help?
Because of the formalities that must accompany most wills, it might be advisable to have a Stony Point, New York attorney help you draft it.